Letter of Protest to Valley Morning Star Article: "Ranches of Significance"

Dear Editor, Valley Morning Star

Ha’shi? Danzho. Warm greetings.

I am the daughter of hereditary Chiefly families of the Ndé, and the Hada’didla Ndé, related to the Cúelcahén Ndé, Nakaiyé Ndé and Suma Ndé through my maternal and paternal lineage. I am a direct lineal descendent of Lipan Apache Chiefly peoples, and the Chiefly peoples of the Moctezuma family with Crown Land Grant Titles made between Indigenous peoples and Spain. In American, this would be translated as: I am Lipan Apache, Jumano Apache, Tlaxcalteca, and Nahua, and Indigenous to the Traditional Territory of Konitsąąįį gokíyaa (Big Water Lipan Country).

Recently my mother mailed me a copy of the article entitled, “Ranches of Significance,” (Rio Living, Section D, January 22, 2012), because she wished to share the published list of the rancherías, ranchos, and comunidades which are relevant to our families’ long place-based and land-based history in the Texas-northeast Mexico region.

At first glance, I was hoping to be encouraged on the author’s emphasis on local heritage life ways of the Original Peoples, which are the underlying roots of South Texas cultures. The European immigrant and settler societies borrowed fundamental concepts and knowledge systems from Indigenous peoples of the entire South Texas-North-eastern Mexico region.

After beginning to read this article, unfortunately, I encountered a firm barrier which deeply impacted my reading of this article.

I am troubled by the continuation of a particular discursive pattern, one which has for too long saturated the settler society’s racist imaginary of Indigenous peoples of our homelands. I want to share my views of the negative characterizations of ‘Native Americans’ perpetuated in Mr. Rozeff’s article, and to comment with an Indigenous perspective about why I think it is cruel, harmful and wrong for this kind of bias to be published in popular, mainstream Texas media. 

I want to take this opportunity to provide critical feedback about the misinformation published in this article, and help the Editors gauge the diverse and critical consciousness of your readership. I also hope that this letter to the Editor will provide you a moment to re-think how race functions when minimally researched information is being provided to your readers as ‘facts’ and the harmful and indoctrinating role that public media plays in perpetuating racism against Native Americans-Indigenous peoples. I hope that my review comments will be used to educate your readers, and provide insights to your staff members.

An important misconception which circulates among the settler society in Texas, specifically South Texas, is that “Indians”, “Natives”, and “Native Americans” are ‘vanished’, ‘disappeared’, and in the ‘past.’ Nothing is further than the truth in South Texas, where indigenous peoples are a majority-minoritized population. Read ‘minoritized’ as colonized and subjugated. According to the National Congress of American Indians latest findings, Texas is #10, among all 50 U.S. States, for the highest number of Native Americans today, and growing every day. Over 250,000 persons of Native American heritage were counted in the 2010 Census data. (See “Census releases data on American Indian population,” at http://news.yahoo.com/census-releases-data-american-indian-population-205256402.html.) However, when Maya, Zapotec, Mixtec, Nahua, and numerous other Native American groups are figured, this would substantially increase Texas’ Native American population. However, state practices which lump all Native American people together in Texas as “Mexican”, “Hispanic” or “Latinos” works to mask the underlying reality.

This information is relevant to my critique, because it ensures that the readers of your paper get an 21^st century, Indigenous perspective and critical view of an entrenched racial bias that continues to be circulated among settler societies and the media they control, thus furthering ideological objectives geared to hard-wire problematic views about “Native Americans” among the masses.

In his second paragraph, when he opened his article with large generalizations about Spain’s colonization of the (current-day) Lower Rio Grande and (current-day) northeastern Mexico, Mr Rozeff states: “Aggressive Native Americans were no longer a major problem to the primitive settlers.” This is a problematic in several ways. Today, it is considered an act of violence to use adjectives and qualifiers, grafted from 19^th century texts and discourses, i.e. “aggressive”, next to “Native Americans.” This qualifier has been mass-produced and mass-circulated across many diverse mediums (films, pamphlets, comic books, postcards, advertisement, novels, news clippings, hate literature, etc.), and specifically attached to social and legal processes constructed to systematically destroy Native Americans in Texas. 

This discourse immediately instructs readers to adopt, uncritically, the anti-Indigenous racism, biases, ideas, and belief systems that are bound up in that qualifier, instructing readers to think about Indigenous peoples in narrowly conceived ways. It teaches the point of view of settlers, empires, nations, and developers who often used cultural, social, legal, and military force to remove, relocate, enslave, traffic, and subjugate Native American-Indigenous peoples into forced labour in institutions developed specifically to control the Indigenous land owners’ behaviours.

It is important to provide the Indigenous counter-history, perspective and up-to-date facts about the realities, not the Texas Cultural Myths. 

In the sentence, referring again to Native Americans, Rozeff alludes that Indigenous peoples “were no longer a problem.” In a sweeping generalization, Rozeff glazes over the literal and violent reality of complex processes whereby Indigenous diplomacy, broken agreements, deceptions, and extreme resistances against dispossession and roaming killing gangs led to numerous violent confrontations where Indigenous peoples were violently subjugated against our will and consent. 

The underlying reality, what Rozeff is so easily dismissing, is genocidal methods which were deployed by resource-hungry settler groups, individuals, and powerful elites who based their wealth on dispossession of Indigenous peoples’ traditional territory. Rozeff’s statements disguise genocide as an acceptable history and treatment of Native American Sovereigns, i.e. the Proprietary Title Holders, also known as Aboriginal Title holders in international law. Aboriginal Title is still a contentious issue, i.e. unresolved and ongoing, between the current-day lineal, hereditary descendants of aforementioned Aboriginal peoples who live all across each and every county in South Texas: the Ndé, anthropologically known as ‘Lipan Apaches.’

Furthermore, in the very same sentence , Rozeff refers to “the primitive settlers.” Thanks to the excellent development of critical and peer-reviewed investigations of South Texas’ Indigenous history and ongoing present, we know now that the majority of peoples receiving land grants from Spain (who Rozeff is so quick to racialize as “primitives” and so easily dislocates from indigenous place through use of “settlers”) were Indigenous peoples. Hereditary descendants of Chiefly Tlaxcalteca and Nahua peoples entered into Sovereign agreements, treaties, and ‘Grants” with the Spanish Sovereigns. The founding Indigenous Land Grant peoples comprised a highly complex society of Indigenous peoples who gained ‘rights’ to lands through a variety of legal measures. Three of these strategies for gaining land grant titles were through military service, conversion to Catholicism, and agricultural/ranching promises to work the lands granted. There is extensive literature about the Lipan Apache wars against the Tlaxcalteca and Nahua settlement in Tamaulipas, Coahuila, and Nuevo Leon, as well as South Texas—key battlegrounds of Lipan Apache homeland defense. Thus, a great majority of the so-called, alleged “primitives” and “settlers” with Crown Title grants, were in fact Tlaxcalteca, Nahua, Otomi, Purepecha, and diverse indigenous peoples who made and who their direct descendants have made immense contributions to South Texas society today. 

It is considered highly problematic in the United States and in international law to describe Indigenous peoples, and any group deemed as a ‘racial minority’ within a State as “primitive.” The discourse of the “primitive” has long been used through settler colonial regimes and societies to enact violence and to perpetuate ideologies of hate, oppression, marginalization, exploitation, and normalized poverty. South Texas is analyzed through this lens by numerous researchers globally.

It is unacceptable to allow this pernicious form of racism and oppression to be allowed to be published and disseminated broadly in mass media communication in South Texas, Texas, the U.S. and in the bi-national region. I think there more work could be done to examine how the values and misinformed perceptions of history as perpetuated by the colonizing groups’ descendants are deemed ‘fact’ and ‘scientific’, and automatically qualify to be ‘waived’ for any verification of fact or truth. 

This form of unverified ‘authenticity’ is one of the many ways in which non-Indigenous peoples carry out some of the tools of domination they carry around in their ‘knapsack’ of privilege. Without critical examination of the underlying structures which enable dehumanizing and racist writing, it is allowed to be ‘out-ed’ as ‘history’. This pattern and this article demands that I protest this form of Native American bashing, and this be disrupted.

Entrenched and normalized racism, discrimination, and criminalization of Indigenous Peoples in the Texas-Mexico border region is allowed to go without critical review, and without disruption causes deep and irreparable harm against Indigenous peoples in the Valley and South Texas who are forced to endure the banal ignorance of those who continue to minimize our massive contributions to world knowledge, world history, and hemispheric systems upon which everyone depends for daily sustenance. Our peoples, our cultures, our values, and our ongoing existences are not ‘folklore’, nor ‘myth’; we are not frozen in ‘ancient pasts’; we are not your grotesque spectacle and backdrops for settler society’s degrading notions of ‘cultural’ and ‘multicultural’ tourism, consumption and continuing theft and appropriation of our heritage—a complete knowledge system—not a ‘fiesta’.

The Native American-Indigenous peoples of South Texas and North-eastern Mexico are not ‘primitive’ fixtures and backdrops of the settler society’s privileged ‘heroic pioneer’ stories. The ‘pioneer’ legacy is an reality of violent disenfranchisement, colonization, and subjugation of the Aboriginal Title owners. When you gaze upon the massive impoverished communities along the border wall, remember, you are looking into the ongoing effects of the ‘pioneers’ racialized debasement of Native Americans ability to exercise our self-determination in the 21^st century. 

Indigenous peoples of diverse heritage lineages are the majority population in the past and in the present of South Texas. However, settlers must still be educated by Indigenous peoples to use critical lenses to ‘see’ us without racist lenses and racist stories handed to you by the official histories of colonizing Texas Creation Myths. The majority of the so-called ‘Mexican’, ‘Mexican-American’, ‘Hispanic’, ‘Latinos’—as the settler society insists on naming us—are the Indigenous peoples who comprise the backbone of the LRG Valley and South Texas majority population. Indigenous peoples are still living in our original homelands, our land base at the fringes of economic, health, education, and political participation in controlling our destinies. This is the flip side of the legacy of settler pioneer society. Today, we are struggling to revitalize our cultures, values, spirituality, governance practices, community practices, and extended family institutions and Indigenous Knowledge Systems—regardless of the settler ideologies of imposed race.

Mr. Rozeff’s article put race at the center of the public mind-eye, and set the theme for this response to counter-narrate Rozeff’s “aggressive Native Americans” and “primitive settlers.” There are numerous other errors published in this article that deserve close and sustained public scrutiny and sustained criticism by all critical readers. The public of Texas and the Texas-Mexico transborder and transnational region deserves better, and deserves an open and respectful space to share community-based knowledge of local peoples’ Indigenous histories—and ongoing presence and present, which is a dynamic and exciting terrain of issues! However, when we as Indigenous peoples must continue to have to educate the settler society, by engaging this kind of ‘conquering history’—and refuse to be further marginalized, shut-down, silenced, shamed, and forced to swallow this kind of rhetoric –it only promotes a climate of fear, intimidation, and anger against the colonizers. My intention is to open up a space where deep learning, critical thinking, dialogue and a paradigm shift will occur.

It is my hope that my critique opens a community-wide dialogue about ongoing forms and modes of racism perpetrated against Native American peoples of the Americas in Texas. In our Ndé and Nahua languages, we have no real word for border or wall. We have to force our language to make new words to adapt to the ongoing violent dispossession waged against Indigenous peoples of the Lower Rio Grande and South Texas. We had to force our Indigenous mother tongues to create new words for ‘border’ and ‘wall.’ 

The Ndé are in a process of self-determination, land reclamation, cultural revitalization, and self-governance. It is likely that within our lifetimes, Texas will finally be held accountable in international law for a history of genocide committed against Indigenous peoples. It is likely in our lifetimes that Texas and the U.S. will be pressured to formally, officially and politically recognize the Aboriginal Title of Ndé peoples. 

History written by, with, for, and alongside Indigenous Peoples is an innovative site for building a different world view and framework that will provide a more secure, stable and prosperous society, economy, and multi-plural society with Indigenous peoples engaged in self-determination. 

Conquering history, written without Indigenous Peoples, and without an examination of colonization, dispossession, erasure, and structural violence, will only continue to sculpt and inscribe very painful and contentious divides between Indigenous peoples of the Lower Rio Grande Valley, South Texas, the transborder region ... and the colonizing settler society. 

Ahe’he’e, Gracias, Thank you.

Margo Tamez, Ph.D.

Member, Lipan Apache Band of Texas

Co-Founder, Lipan Apache Women Defense, El Calaboz Ranchería

Co-Founder, Emilio Institute for Indigenous Human Rights, El Calaboz Ranchería

O Holy Night, in Dine' ('Navajo') by Jana Mashonee and Silent Night in Apache

Indigenous Language Loss and Revitalization: While Nde' of South Texas and Lower Rio Grande River region have suffered irreparable harm related to language loss, and language revitalization efforts occur without the aid of Texas and the U.S.--historical oppressors--today, the effort to recuperate language is aided by inspiration derived from closely related indigenous peoples with historical ties to Nde of Texas.

Texas (and Northeastern Mexico) is the traditional homeland and customary territory of Southern Nde' Peoples, who are close cultural relatives of Navajo, Western and Eastern Apache, and Dene peoples of North America, inclusive to northeastern Mexico.

Indigenous Peoples have the right to practice, speak, learn in, read, and to be educated in our mother tongues. Though our mother tongues have been forcefully stolen from us, through the assimilative violence of states and colonizing laws, today, thanks to the decades of hard work at the international level, Indigenous Peoples have rights--globally and at the local level (that means in the country, state, province in which we reside)-- to revitalize and recover what has been stolen and lost through no fault of our own.

Today, States have a duty and responsibility to change assimilative laws and practices, and to provide economic, social, and political aid to ensure that Indigenous Peoples in their respective bounded areas are protected from further cultural harm and must aid in the processes to support Indigenous Peoples to speak, read, and learn in our own languages.

Texas has been historically severely resistant to breaking from its oppressive and subjugating political, economic, and social systems as they affect Lipan Apaches and many indigenous peoples in the state.

Lipan Apaches continue to work systematically for self-determination and to break the violent chains of non recognition, internal colonization, and 4th World status in our own homeland Konitsaahii gokiyaa.

See, UNDRIP, Articles 11, 13, 14.

O Holy Night (Written in Navajo)
Hodiyin tł’ée’go Sǫ’ bee da’dinnídíingo Áko Yisdá’iiníiłii bi’dizhchį́ Diné ti’dahooníhę́ę baazhníyáago Bijéí biyi’di haa bił dahóózhǫǫd ’Áádóó ch’ééh deeskai yę́ę bił nídahoozhǫǫd Háálá chohoo’̨́ bee ’adideezdláád Yaa ’ádaahnééh diyingo nidaal’a’í ’Éí deísółts’ą́ą́’! Christ yizhchį́ yaa dahalne’ Hodiyin tł’éego Christ ’éí bi’dizhchį́!

Enjoy this beautiful example of indigenous language empowerment and self-determination!

Gozhoo (In beauty)

U.S. OFFICIAL 'APOLOGY' TO NATIVE AMERICANS, "A SORRY SAGA OR FIRST STEP?"

Without Procedures for Redress and Restitution, Obama's 'Apology' to Native Americans for Historical and Contemporary Harms is Severely Insufficient to Address Genocide Histories and Realities Involved in the Necessary Process Related to Supporting the Recovery, Recuperation and Self-Determination of Indigenous Peoples in Texas and the Confluent Texas-Mexico Indigenous Border(ed) Region.

Commentary excerpted from:

Fourth World Eye

A Sorry Saga or a First Step?

Feb 17, 2010 by adol77dai51

An article recently surfaced in Indian Country Today entitled “A Sorry Saga,” in which the author brings attention to the Native American Apology Resolution signed by President Obama on December 19^th, as part of a defense appropriation spending bill. While the Resolution had passed as a stand-alone piece of legislation in the Senate, it was attached to and passed with a defense appropriations spending bill within the House before making its way to President Obama. The final version of the resolution shifted from being an official apology from the US government to an apology “on behalf of the people of the United States to all Native peoples for the many instances of violence, maltreatment, and neglect inflicted on Native peoples by citizens of the United States.” The real crux of the Indian Country Today article revolves around the lack of publicity surrounding the apology and asks the question, “Is an apology that’s not said out loud really an apology?”

Prior to this apology, President Obama has been largely lauded for keeping his prior commitments to Indian Country (convening a tribal leaders summit in November to hear concerns; appointing tribal leaders to IHS and Native American Affairs posts; largely maintaining and even, in some cases, increasing funding to Indian Country for this year’s budget). Ironically, it is this hidden apology that has caused some to backpeddle their vocal support for the Obama Administration. I would argue that many may view this obscure and amalgamous apology as a step backward rather than forward as it provides the perfect metaphor for the US’ longstanding nebulous public policy toward American Indian people. The US, throughout the years, has managed to promote a half in half out relationship with Indian Country in which sovereignty is recognized in pieces rather than in whole (as a long-standing continuation of the Western colonial reductionist vein of thought that brought us the Dawes Act, etc). Thus this apology, passed with no public acknowledgement, coming from the “American people” rather than the US government, and with a caveat to ensure that it cannot be construed to allow legal culpability, reeks of this prior paradigm that many in Indian Country counted would change and were hoping was changing with the election of President Obama.

Revisiting Indian Country Today’s question, I would propose what I believe to be a more pertinent question: Is an apology without subsequent action really an apology? A true apology, publicized or not, must be followed by real demonstrable action that marriages sentiments to words, words to policy, and policy to action. I laud this apology as long as it is a step toward such action. A relevant and pressing issue of substance is the current US stance against the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). In 2007, the US, along with Canada, New Zealand, and Australia, were the only countries to vote against the adoption of the UNDRIP. Australia has since overturned their decision in early 2009 and did so only two months after their official governmental apology to the Aboriginal populations. A true test then of the intent of the Native American Apology Resolution will be if the Obama Administration utilizes this apology as a foothold for reversing the current US position opposing the UNDRIP. Such an adoption would truly demonstrate President Obama’s commitment to and respect for Indian Nations and for creating a new paradigm in which true nation to nation relations can begin.

The Upscale of U.S. Military Operations Targets Texas Border and Northeastern Mexico

"Texas Border Security: A Strategic Military Assessment, September 2011"
Report commissioned by Texas Department of Agriculture, Todd Staples, Commissioner.

An Open Letter to ‘Occupy Wall Street’: A Shawnee-Lenape Perspective

 


 

An Open Letter to ‘Occupy Wall Street’: A Lenape Perspective
10 October 2011

by Steven Newcomb

Greetings on Colonization Day,

I begin by prayerfully remembering our free and independent ancestors, the Lenape and all the Original Nations and Peoples of this vast TurtleIsland(Mother Earth), and of the entire Western Hemisphere from the Arctic Circle to Tierra del Fuego at the tip of South America.

As you ‘occupy Wall Street,’ I ask you to reflect: You are on the island upon which our Indigenous ancestors lived and thrived for thousands and thousands of years. Please take a moment to recognize that we, the Original Nations, still exist here onTurtleIsland. We have the right to exist as free and distinct nations with full self-determination.

What is the true source of our many grievances? It is the mentality and behavior of greed. The word ‘America’ is the combination of two Latin words ame (a command form of ‘love!’) and rica (riches and wealth). The effects of an insatiable desire for and the pursuit of riches and wealth first afflicted our Indigenous nations and peoples, and now afflict all peoples. Clearly, we need to address and rectify the political economy of greed, and the destruction it has caused and continues to cause.

Greed is an unsustainable value, but it is also an illness that is rooted in addiction. It is maintained in keeping with the slogan, ‘The more you eat (consume), the more you want.’ The addict will stop at nothing to get a fix; he will sacrifice anyone and anything to feed his addiction. For this reason, an economy of greed has and will continue to sacrifice the health and well-being of women, children, men, and all living things on Mother Earth. As a great Anishinaabe leader has profoundly stated, “Their way of living is our way of dying.” It is rapidly becoming the ”way of dying” for everyone.

Today, after centuries of invasion and predatory consumption (‘devouring’) of our traditional lands, territories, and resources onTurtleIsland and elsewhere, the waters of the rivers and streams that were once pure enough for our ancestors to drink from are now filthy and poisoned. Water is Life. The chemical contamination of Water, and, therefore, of Life itself, is emblematic of a way of life predicated upon patterns of greed that are destined to collapse.

The suffering of human beings and the destructiveness to life on Mother Earth has been a direct consequence of colonization, domination, dehumanization, militarization and war.

Unfortunately, these conceptions and behaviors have become the metaphorical bricks and mortar of the current unsustainable world order. They are expressed in a number of documents issued in the fifteenth century by the Holy See at Vatican Hill in Rome; these documents called for the domination of all non-Christian peoples throughout the world, and for the theft of all our lands and territories. To this day, the ideas found in those papal documents are woven into US Indian law and policy.

Those Church documents unleashed claims to a right of conquest and domination in the name of a “right of Christian discovery.” The monarchies of Christendom used those documents to claim the territories of our nations in the Western hemisphere, simply because our territories were not yet in the possession of any Christian prince or dominator (‘dominorum christianorum’). This paradigm of domination has been used to give governments and corporations virtually unlimited access to our traditional lands and territories. If approved, the Keystone XL pipeline will be but the latest example.

Despite the destructive effects of more than five centuries of subjugation, as the Originally Free Nations and Peoples of Turtle Island, we still remember what it is to be truly free as exemplified by our ancestors. Our ancestors evolved life-ways and values that challenged European feudalism, medievalism, and lordship. Today, forces seem to be working toward neo-feudalism and neo-medievalism, with a long range plan for irreversible global domination in the name of ‘national security,’ under the unblinking eye of the surveillance state.

We have entered the ‘Brave New World’ written about by a prescient mind a generation ago. Not only have we survived, but we now have the capability of expressing ourselves in the language of the Colonizers, and we are maintaining the message that our great leaders tried to convey to your ancestors: Stop the patterns of destruction and greed before it is too late. The Chernobyl-scale release of radiation atFukushima, Japan is a clarion call.

We must invert the key symbol of domination. Once inverted, the patriarchal symbol of ‘the dome of domination’ becomes a bowl; when filled with water, the bowl is the symbol of the Sacred Feminine, as exemplified by theWhite Buffalo Calf Woman. She was the one who brought the Sacred Pipe to the Oglala Lakota Nation.

The Living Laws and Values of Turtle Island that the White Buffalo Calf Woman brought include: Honor and Respect; Compassion and Pity; Sharing and Caring (to carry the well-being of the People in one’s heart); Patience and Fortitude; Bravery and Courage; Humility; Seeking Wisdom and Seeking Understanding. In keeping with the White Buffalo Calf Woman’s teachings, Love and the Beautification of Life are healing values that need to replace the love of riches and wealth.

Next May, 2012, a year of great transformation, we will be inNew Yorkat the United Nations as part of our work toward decolonization at the UN Permanent Forum on Indigenous Issues. The theme of the Permanent Forum will be the destructive legacy and deadly impact of the Doctrines of Discovery and Domination on Indigenous Nations and Peoples and on Mother Earth. We ask for your support by renouncing the Doctrine of Christian Discovery.

Steven Newcomb, Shawnee/Lenape, is co-founder and co-director of the Indigenous Law Institute, author of Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery, and a columnist for the Indian Country Today Media Network.

OCCUPIED ON THE TEXAS-MEXICO BORDER! DECOLONIZE WALL STREET!

A Key Destination of Tar Sands Oil?... Texas-Mexico Border. Do Tell.

After watching the full testimonies held at the U.S. State Department on the issue of whether the U.S. should permit TransCanada Corporation to construct and operate a pipeline for transporting lethal oil from the Alberta Tar Sands, situated in the Traditional Territory of the Dene, I am even more alarmed about deep knowledge gaps and breakages, and the colonial blinders which are still preventing the majority spokespersons on these issues to examine the interlocking relationship of the Tar Sands in Dene country to Militarization in Nde' country (border wall, police terror state, detention centers, mega-rail, mega-bridge, and mega-highway projects connecting Lower Rio Grande Valley to northeastern Mexico 'ports'). There still seems to be an significant vaguery among the peoples (on both sides of the issue) about what could happen to the oil, the lands, peoples, water, air, and life... after refinery in Port Arthur, Texas, and where it would travel from its 'distribution' points along the Texas-Mexico border.

I'm more worried today than yesterday, witnessing the compelling testimonies and aghast at the lack of inquisitiveness on the part of the movement to follow the documentation trail left by Koch Industries (see September 24, 2011 post, scroll down). It is stunning how well the Texas connections to the oil-chemical-transportation League of Corporate Empires benefits from the colonial and racist implications of geographical-historical ignorance in the U.S. about indigenous struggles in South Texas and the Lower Rio Grande.

Again, please refer to the September 24, 2011 post on this site (scroll down), providing important details regarding Koch Industries' statement explicitly saying that the refined fuels will be going to Mexico, and from there other sites across the hemisphere. To my knowledge, this is the only site in the hemisphere that is making this crucial connection. Unfortunately, this is beginning to feel like the same isolation room that we experienced around the border wall.

I wonder if the 'progressive' camps of either movement--the anti-Keystone XL Pipeline or the Occupy Wall Street movement--perceive that their government and related corporations constructed the border wall, and now the MEGA-COLOSSAL HEAVY RAIL FREIGHT BRIDGE in concert with a much larger transhemispheric 'Security Prosperity Partnership, which entails transporting something considered a 'priority matter of national security' OVER the border wall which stands in the traditional territory of Lipan Apaches?

How will this happen on the ground?

Through 2 important mega-projects currently underway across the Texas-Mexico border:

1. A large rail transport system, which, low and behold, will traverse above the border wall in the Lower Rio Grande Valley, Cameron County.

2. The Trans-Texas Corridor (connecting Albert, Canada to South Texas, to Mexico).

For a more in-depth view from El Calaboz, read the September 24, 2011 post.

Aboriginal Title, Indigenous Proprietary Title, and Nde' Inherent Rights to Lands and Territories, (cont'd)

Picking up where I left off earlier,

Consider this view, excerpted from Gordon I. Bennett, 27 Buff. L. Rev. 617 (1977-1978)
Aboriginal Title in the Common Law: A Stony Path through Feudal Doctrine, Bennett, Gordon I.
[ 20 pages, 617 to 636 ]

"In Johnson v. McIntosh ° and Worcester v. Georgia," two landmark
decisions that still constitute the locus classicus on the subject,
Chief Justice Marshall referred to the principle evolved by the European
powers in their settlement of America that "discovery gave title
to the government by whose subjects, or by whose authority, it was
made, against all other European governments, which title might be
consummated by possession."'' The Chief Justice added the vital
caveat, however, that this principle could not
annul the previous rights of those who had not agreed to it. It regulated
the right given by discovery among the European discoverers;
but could not affect the rights of those already in possession,'either
as aboriginal occupants, or as occupants by virtue of a discovery
made before the memory of man. It gave the exclusive right to purchase,
but did not found that right on a denial of the possessor to
sell.' 3 [The original inhabitants] were admitted to be the rightful occupants
of the soil, with a legal as well as a just claim to retain possession
of it, and to use it according to their own discretion.14
Central to Marshall's analysis was the assertion that aboriginal rights
stem from ancient occupation per se, and are not dependent on a public
grant or official acknowledgment."
...
"Nor is it true, as respondent urges, that a tribal claim to any
particular lands must be based upon a treaty, statute, or other formal
government action."

"This view is confirmed by a whole cluster of Supreme Court decisions
and, most recently, by the Court of Claims in Lipan Apache
Tribe v. United States,'8 where Judge Davis dispelled any lingering
doubts:
Indian title based on aboriginal possession does not depend on sovereign
recognition or affirmative acceptance for its survival. Once
established in fact, it endures until extinguished or abandoned..."
"The correct enquiry is, not whether the Republic of Texas accorded
or granted the Indians any rights, but whether that sovereign extinguished
their pre-existing occupancy rights."

Ponder this.

Time to rest, until tomorrow...

(to be continued)

Aboriginal Title, Indigenous Proprietary Title, and Nde' Inherent Right to Self-Governance

A Underlying Issue Still Contested from Indigenous Perspectives: Neither the U.S. nor Texas Had Rights to Extinguish Aboriginal Title of Southern Lipan Apaches of South Texas & LRGV

While many indigenous peoples have contested the final decisions of the infamous Indian Claims Commission, few if any have ever set forth an analysis ourselves of the decisions, nor critiqued how these decisions effected the ongoing self-determination, survival and existence of Nde', or Southern Lipan Apaches in South Texas and in the Lower Rio Grande Valley.

Why? How and why did other indigenous peoples ('Mescaleros', et. al) ever become recognized as the sole proprietary owners of the traditional territories of Nde' of what is today South Texas, Lower Rio Grande Valley & River, and our territories in Mexico?

This is a grave harm, still to be resolved for Nde' self-determination. It is clear that our peoples, under great threat of genocidal destruction before and during the time of the Indian Claims Commission, were a vulnerable indigenous people without means to counter-act or to defend against this level of deceit and injustice.

Today, it is time to convene, and to re-assess the outcomes of the ICC, several decades later, and the work that will be entailed in launching an Aboriginal Title landmark case to prove Nde' Aboriginal Title and traditional territorial rights to Konitsaii Gokiyaa, Lipan country.

For now, here is something to absorb...

I believe it is time for a critical gathering of leadership to deconstruct the assumptions built withing the conclusions of the Indian Claims Commission, and the United States and Texas as beneficiaries, which effectively left unrecognized and peripheral all Nde' families, communities, and organizations.

Here is an excerpt of the final decision, and the full document is here: http://digital.library.okstate.edu/icc/v36/iccv36p023.pdf

Excerpt, 36 Ind. Cl. Comm. 7, Docket #22-C

"The Commission found the detailed reports submitted by the above experts to be informative. However, the Commission has rejected as conjectural, speculative, and not supported by the preponderance of the evidence t h e conclusions of p l a i n t i f f s ' expert witnesses as to the extent of Lipan and Mescalero aboriginal ownership of the lands claimed herein for the time periods in question. The Commission also r e j e c t s the p l a i n t i f f ' s

experts' conclusions as of the date of taking.

The defendant's expert witness was D r . Kenneth F. Neighbours, a

historian who has written extensively about the history of Texas and about i(afg Robert Neighbors, the famous Indian agent of the Texas tribehwho served in that capacity under both the Republic of Texas and the United States governments. His report, an ethnohistory of the Lipan and Mescalero Indians, and his testimony related chiefly to the land and Indian policies of the respective sovereignties that ruled Texas through the 19th century. Be

36 Ind. C l . C m . 7 65 concluded t h a t , as a r e s u l t of such p o l i c i e s , the Indians of Texas, and p a r t i c u l a r l y the Lipan and Mescalero Indians, did not have aboriginal t i t l e to any lands within the State of Texas, although a t various times these and other Indian t r i b e s had h i s t o r i c a l l y been located a t d i f f e r e n t places within t h e area. The Commission has rejected Dr. ~ e i g h b o u r s ' legal conclusions r e l a t i v e t o Indian t i t l e in the State of Texas as contrary to the law of the case.

16. Conclusion.

Based upon the foregoing findings of f a c t and a l l the evidence of

record, the Commission has concluded as follows:

(a) From time immemorial, through the periods of Spanish and Mexican sovereignty, and the Republic of Texas, and, u n t i l November 1, 1856, when, as a r e s u l t of the actions of the United States army in carrying out federal policy, it was compelled to vacate its ancestral home, the aboriginal Lipan Apache Tribe held Indian t i t l e to the following described land situated within that area i n Texas claimed by principal p l a i n t i f f herein :

Beginning a t that point on the Rio Grande River which is the

northwest corner of Zapata County; thence e a s t e r l y along the

common boundary of Zapata and Webb counties to t h e southeast corner of Webb County; thence northeasterly on a l i n e , crossing the Nueces River, to the town of Pawnee i n Bee County; thence

northwesterly on a l i n e to the northwest corner of Bandwa County; thence northwesterly on a l i n e to the northwest corner of Edwards County; thence south along the western boundary of Edwards County and adjoining Kinney County to the southwest corner of Kinney County on the Rio Grande River; thence southeasterly along the east bank of the Rio Grande River to the place of beginning.

(b) From time immemorial, through the periods of Spanish and Mexican and occupied exclusively i n Indian fashion a l a r g e a r e a i n eouth c e n t r a l 36 Ind. C1. Comm. 7 New Mexico and west Texas between the Rio Grande River and the Pecos

River. By v i r t u e of the Executive Order of May 29, 1873, e s t a b l i s h i n g the Mescalero Apache Indian Reservation i n New Mexico, the Mescalero Apache Tribe relinquished to the United S t a t e s without the payment of compensation, Indian t i t l e t o a l l lands outside of the reservation. See Mescalero Apache Tribe v. United S t a t e s , 17 Ind. C1. Comm. 100 (1966).

Accordingly, May 29, 1873, is the e f f e c t i v e date of the extinguishment of a l l Mescalero aboriginal land claims including Mescalero Indian t i t l e t o the following described area in Texas.

Beginning a t t h e southeast corner of the S t a t e of New

Mexico; thence south-southwest on a l i n e across the Pecos

River t o the southeast corner of Reeves County Texas; thence

southwest on a l i n e to Ft. Davis i n J e f f Davis County; thence

northwest on a l i n e to the town of Van Horn in Culberson County; thence northwest on a l i n e to the northeast corner El Paso County, Texas, said corner being on the southern boundary of the S t a t e of New Mexico; thence e a s t e r l y along the southern boundary of the S t a t e of New Mexico to t h e p o i n t of beginning.

(c) The evidence of record does not support Lipan and Mescalero

aboriginal t i t l e claims to lands outside of the areas awarded above.

(d) The Tonkawa Tribe of Indians, second intervenors, herein has

f a i l e d t o prove by the preponderance of the evidence t h a t s a i d t r i b e is the successor in i n t e r e s t t o the a b o r i g i n a l Lipan Apache Tribe.""

Here is another view:

from, Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights, by Paul G. McHugh, (Oxford University Press, 2011), 178-179.

"In Calder, Justice Hall drew upon the American cases on extinguishment when he indicated that aboriginal title 'could not therefore be extinguished except by surrender to the Crown or by competent legislative authority, and then only be specific legislation.' His inspiration was the opinion of Davis J in Lipan Apache (1967) where it was said that in 'the absence of a "clear and plain intention" in the public records that the sovereign "intended to extinguishe all of the claimants' rights" to their property' the Indian title continued at law. That approach towards the interpretation of statutes affecting Indian title had been used in a sequence of cases from at least the early twentieth century. Ultimately, it went back to a canon for the interpretation of Indian treaties given by Chief Justice Marshall who said (1832) that treaties to 'be construed, not according to the technical meaning of their words, but in the sense in which they would naturally be understood by Indians'. As the doctrine of aboriginal title became articulated in the courts, judges routinely invoked this 'clear and plain intention' rule for the interpretation of statutes."

(to be continued)

Margo Tamez Responds to Article, "Dozens arrested outside White House during oil sands protest," by Lee-Anne Goodman

Construction of Mega Project Bridge in Cameron County, Texas-Mexico Border, August, 2011.

Photo by Margo Tamez, Copyright Holder. May not be reproduced without permission.

Post #2: Margo Tamez, An Nde' Woman and Hada'didla-Konitsaii Nde' Clan Member of El Calaboz Rancheria Responds (Post #1 in this series)

[Note: A large portion of this piece was originally posted on August 24,, 2011 to the NAIPC/North American Indigenous Peoples' Caucus List Serve]

Introduction

Ha'shi?, Greetings to all.

I wish to address the issue of the Indigenous Peoples' efforts to resist further encroachment by exploitative extraction, specifically in regards to the 'Tar Sands'/Oil Sands extractions in Indigenous Peoples' traditional territories and Indigenous Peoples' resistances to ongoing violations of human rights, and transgressions and disrespect for the fundamental and minimal standards agreed upon by member States of the United Nations, as articulated in the UN Declaration on the Rights of Indigenous Peoples. The aggression against Indigenous Peoples by settler governments of Alberta and Canada, and the involved corporations, not limited to TransCanada Corporation and Keystone XL, (as I will share below in my discussion about the pipeline, refinery and impacts in Texas and Nde' traditional territory) are a grave concern of Nde' peoples, chiefly chief traditional authorities, clan leaders, elected leaders, and our related Indigenous relations throughout the Texas and northeastern Mexico region. Furthermore, I am concerned about, and will address herein, the still generalized 'hints' to the impacts on Indigenous Peoples in traditional territories unceded by Indigenous Nations across the (current-day) U.S., and specifically will turn my attention to the 'receiving' refinery sites in South Texas, Lower Rio Grande Valley, and northeastern Mexico. These directly impact Nde' peoples, peoplehood, human rights, and self-determination.

I wish to weigh in on the still under-examined and under-analyzed impacts upon the Indigenous communities in (current day) South Texas and northeastern Mexico, where the Canadian, U.S., and Texas government officials, powerful dominating ruling elites--who are direct, lineal descendants of the settler society, with long-standing TEXAS-based policy-making in favor of a militarized and violent policing to repress the self-governance and recognition of Indigenous Peoples in Texas, as well as institutional organizations and certain 'citizen' groups--have been working vigilantly in support of TransCanada corporation, interest-holders (which, as of today also includes Hillary Clinton and some of her top aides along her career trajectory).

Local Contexts:

Throughout July and August, 2011, in El Calaboz Rancheria, and traditional territories of Hada'didla and Konitsaii Nde', along the Texas-Mexico border,"El Calaboz Rancheria Gathering on Indigenous Knowledge, Lands, Territories and Human Rights" witnessed and documented the construction of a mega-project the Indigenous Peoples and representatives who gathered during the infrastructure for the large-scale transportation of what we construe will be not only oil, but also other extracted elements, such as uranium, which is being targeted once again by U.S. government and corporations.

Once refined in coastal S. Texas refineries, the oil will be transported to Mexico (and no doubt the other U.S.-controlled military 'base', Columbia). All this colossal planning, financing, and implementation measures carried out by and through the abuses of power by elites, did, and continues to, occlude the the grave and concrete reality of ongoing violations of rule of law and human rights which the Keystone XL Pipeline and the Tar Sands projects have already carried out--by obscurring their real activities from the Indigenous Peoples and leadership, as well as U.S. taxpayers. These entities have been negating their duties and responsibilities to enter into meaningful consultation relative to the UN Declaration on the Rights of Indigenous Peoples, as well as treaties and other constructive arrangements which impact Indigenous Peoples' lands and territories unceded. The laws regarding consent of Indigenous Peoples and regarding the illegal seizure, dispossession and taking of land from Indigenous Peoples for development projects, require that States and corporations provide Indigenous Peoples' Free Prior and Informed Consent, the possibility of redress, restitution, and reparation for harms.

There is a crucial opportunity for Nde' Peoples of (current-day) South Texas and Northeastern Mexico, in bifurcated regions such as the Texas-Mexico border, to form important, and much needed dialogues and pro-active decision-making on this issue because there are severe consequences and direct impacts of the Keystone XL Pipeline megaproject that will negatively impact the self-determination, nationhood, peoplehood, and self-governance autonomy of presently living and future Nde' generations.

We Nde' are essentially being handed a spiritual, sacred, ethical and moral opportunity to move forward in Nde' Justice & Governance which is based upon the principles, protocols and perspectives of Nde' millenial systems, not by Eurocentric systems of racialization, tribalization, indigenism, and false identity.

My relatives, we Nde' are being given an opportunity to stand up in collective agreement and consensus to act by our principles of Nde' Justice, which is inherently connected to our familial and inherent relationships to Konitsaii Gokiyaa, Nde' Homelands.

Current events demand that there be an emboldened leadership, representing inclusive participation to decision-making, that emerges now in a forthright manner. Emerging leadership models, based integrally upon Nde' Knowledge Systems--not based on Eurocentrically imposed and false governance, modeled after the U.S. bankrupt and corrupt 'democratic' imprisonment systems--but, rather, based upon Nde' Knowledge, Memory, Relationships, Clans, First Foods, Sacred Ritual & Ceremonial Systems, and centrality of matrilineal and matrilocal justice and governance-- is crucial in the process of decolonizing Nde' actions towards self-determination today.

The voices and realities of Indigenous Peoples in bare existence/bare life within the 'dead-zones' of purported corrupted 'nation to nation' relations with States and corporations floods the news everyday, and yet, many Indigenous peoples' needs in our community go unanswered, ignored, denied. That is not the path toward true self-determination and self-governance.

It is time for Nde' leaders to step up and be voiced and listened to in regards to the Keystone XL Pipeline megaproject, and the conspicuous covering over of the reality of Nde' contestations with the U.S. and Texas over the traditional territory which will be exploited in this scheme. The Nde' Peoples who are the traditional land owners, will be denied any voice, agency, or means for redress need to be exposed.

The current news stories covering the Keystone XL Pipeline downplay any impacts upon over 250,000 Indigenous peoples identified in Texas legislative papers as 'Native Americans', and the hundreds of thousands of Indigenous Peoples in Texas identified by the state as 'Mexicans' or 'Latin Americans.'

These omissions have been set into stone by the uncritical voices that U.S. liberal-progressive groups' have etched onto the consciousness of the (so-called) 'American Heartland'. Making Indigenous Peoples in Texas absent is a political issue and a human rights issue. Many groups gain to benefit from maintaining this tactical omission from public view.

Indigenous leaders of the Nde' nation, it is time to come together into council, and make key decisions for the Nde' way of life for our future generations. We must articulate and specify exactly where we Nde' stand on this issue of the Tar Sands, the Keystone XL Pipeline, and other mega industrial projects, such as the border wall, the militarization of our Konitsaii Gokiyaa, and life-threatening projects such as the currently unfolding uranium yellow-cake and water dispossession/taking/extraction slated within our traditional homelands of South Texas as well.

Old Fashioned Ignorance and 'Nativism' Amidst the U.S.Tar Sands Protests?

I wish to share my perspective about how the liberal voice drowns out and occludes the realities of impacts of the Keystone XL Pipeline upon Indigenous Peoples & our lands in Texas

The liberal/progressive/anarchist forms of activisms, while important to elevating this important issue to the mainstream public, should not be the 'first' nor the 'last' voice that shapes this issue in the American mainstream because they do not have the education about Indigenous Issues necessary to educate the public about the underlying issues at stake. How the liberal-progressive activists shape and develop the representation of Indigenous Peoples and our struggles and intertwine their limited understanding of this arena of power relations will have a huge impact on how people perceive the harms committed by the Keystone Pipeline XL project. The issue of incorrect representation in the media is having and will continue to have a harmful impact on Indigenous Peoples throughout the U.S., and particularly in Texas and Mexico.

I am deeply skeptical about the selective historical amnesia of the liberal minded and spirited protesters arrested in front of the White House in late August. I have a concern about the genocidal violence and transgressions by the settler society, deep in the heart of Texas, and the fact that this obvious factoid is not being examined closely nor appearing in any media alerts produced by the organizations and groups leading the charge in a U.S. context.

While I agree that alliances, nontraditional alliances, have always been key to our long-term goals of self-governance with lands and territories, the liberal/anarchist sector in this particular arena of struggle, has not yet contributed anything critical to the public's understanding about the specificity of the Keystone XL Pipeline's exact distribution centers and refineries along the Texas coast. Texas is 'big', true, though the indigenous politics there are by no means invisible, nor difficult to locate with a minimal effort in Google.

I'm skeptical about the U.S. environmentalist focus on the dirty business of 'refining' and/or 'transporting' the oil, and how this lens completely obfuscates the underlying resistances, (centuries long) and struggles spearheaded by Indigenous Peoples across Texas, and in Konitsaii Gokiyaa, our homeland. We must look more critically at the way impacts in the U.S., by liberal-progressives focuses more on how the Pipeline project will impact their conception of U.S. territory as the domain of U.S. citizens and taxpayers, not Indigenous Peoples per se. The way in which 'rights' as articulated by liberal-progressives overshadows Indigenous Peoples interests, and focuses on the 'environment' and the limited way in which they view this as an Indigenous struggle against abusive and violent state governments, dispossession, criminalization, neocolonization, neoliberalism, and land claims contestations.

It is not any longer possible, given the prominence of Texas indigenous activism across the digital spaces, to not see that Indigenous peoples in Texas have been involved in a long-term battle and commitment to land claims, self-determination, self-governance, and autonomy in Indigenous Proprietary Title.

Yet, there is a great vagueness and unspecified, ethereal absence of groundedness surrounding the liberal-progressive activism in the 'front-line' (those arrested in Washington D.C.) of the Keystone XL Pipeline issue. The skimming over the lived realities of Indigenous Peoples on the real ground in S. Texas is a red flag.

How U.S. progressives enact their 'American' indignation and outrage about Indigenous issues embroiled in land and territorial paradigm shifts is directly tied to their cultures' historical amnesia, and in my opinion, we Indigenous Peoples cannot sustain an alliance with liberal progressives in the long run, due to an ongoing denial of genocide in Texas, the problematic negation of Nde' presence as the traditional holders of Aboriginal Title to the lands and resources in question.

I sincerely hope the liberal-progressives are learning the process of becoming meaningful and true 'allies' with, by, for, and alongside Indigenous Peoples is a lifelong journey which must be disseminated intergenerationally.

True allies in Indigenous Peoples' struggles for self-determination and autonomy are rare. It is one thing to vehemently and honorably uphold the rights of the Indigenous Peoples in Canada, and quite another to bring this concept to bear in regards to unpacking privilege, violence, and ignorance as the normed U.S. and Texas 'Indian Policy' which threatens through denying the very existence of Nde' Peoplehood, rights, and Aboriginal Title in Texas, which has everything to do with true Indigenous to Indigenous alliance building on the Keystone XL Pipeline issue. It is a much deeper relationship related to reciprocity and mutual protection of our rights as the land owners.

Sadly, what I have witnessed thus far in the media, is a vacancy and muted absence of any such leanings to true decolonization by the purported liberal-progressive 'allies' of this important anti-colonial movement spearheaded by the Indigenous Peoples.

The time has come to put the faces and places on this issue within a U.S. geopolitical, historical, and political-economic map, so to speak. We Indigenous Peoples must step up and claim this issue as ours across all our similarities and differences. We Indigenous Peoples must take responsibility to ‘locate’ the shatter-zone of impacts to our peoples, lands, and futures within precise sites where the ongoing colonialist oppression of the Tar Sands...is coming home, intimately and violently.

We mustn't miss/avert the downstream specificities, or relegate this work to others who do not know, nor care to apply, the real history of colonization and ongoing genocide.

Considerations Related to the UNDRIP, Article 27, 28, 29, 30, 31, 32, 34, and 36, 37.

We cannot deny how the ‘Security, Prosperity Trade Partnership’ and U.S. national interests and foreign policy on the U.S.-Mexico border, Mexico, and Latin America produces the conditions for the terrain of multiple and intersecting oppressions. Examine the Canada-Tar Sands to South Texas refineries to exports to Mexico, Central and South America...and Caribbean matrix.

For example:

“Going to Jail for the Environment,” The Baltimore Sun, August 22, 2011. http://articles.baltimoresun.com/2011-08-22/news/bs-ed-tar-sands-20110822_1_wind-farms-tar-sands-pipeline

“The other vision embraces a massive, 1,700-mile pipeline from Canada to Texas full of "tar sands oil," the dirtiest petroleum fuel. This proposed pipeline, if built, would steer our nation toward another generation of polluting automobile use.”

“Waxman dares ask if tar sands oil pipeline will benefit Koch Industries,” Daily KOS, Friday, May 27, 2011,

http://www.dailykos.com/story/2011/05/27/979072/-Waxman-dares-ask-if-tar-sands-oil-pipeline-will-benefit-Koch-Industries

“Koch also owns a heavy oil refinery in Texas, so it is not unreasonable to assume it will also have some stake in tar sands crude moving through the Keystone XL pipeline.”

“Most of the refined transportation fuels we are exporting is going to countries (e.g., Mexico, Canada) that have significant refinery capacity. What these countries do not have is the ability to refine heavy crude oil like that produced from tar sands. ExxonMobil, ConocoPhilips, or Koch Industries cannot sell tar sands crude to these countries, but can sell them refined products from that crude.”

“Much of those exports are shipped from the Gulf Coast refineries, particularly those in Texas.

What the Keystone XL pipeline does is bring tar sands oil to refineries in Texas. So, the question someone should be asking is whose interests are being served by the pipeline. Does it serve the energy needs of American consumers as claimed by Republicans like Fred Upton? Or does it serve to move tar sands crude from Canada to Gulf Coast refineries where petroleum products can be produced for export?

Conclusion

Nde' and relations, let us move together in unity, clarity, affirmation and in a forthright manner. The current construction of a mega- bridge over the Texas-Mexico border wall, (down the road from El Calaboz) is a ‘connector’ for the TransTexas Corridor (Texas to Canada) giving capacity for large freight trains... to travel over the wall, to move oil from Canada (source) to Texas (refineries) to Mexico (‘markets’). It is time for decisive action. 

Ahi'dn, thank you,

Margo Tamez

Hada'didla Nde', Konitsaii Nde'

Lipan Apache Band of Texas